- (1.) THIS writ petition has been filed alleging arbitrary action on the part of the respondent authorities by not issuing record of rights and sketch map in respect of land bearing survey No. 8/P, measuring an area 475 sq.mtrs situated at Sippighat Village, Port Blair, South Andaman. The writ petitioner has prayed for a direction upon the respondent authorities to issue record of rights and sketch map in respect of the above said land in favour of the petitioner.
(2.) THE factual background leading to the presentation of this writ application in a nutshell is that, the mother of the petitioner Smt. Dulari is a recorded tenant of land bearing survey No. 266/2, measuring an area 0.0474 hectares, situated at Sippighat under Port Blair Tehsil, South Andaman. On 17.12.1971, the Collector, under Land Acquisition Act issued a notice under section 9 of Land Acquisition Act whereby the aforesaid land had been acquired by the Administration. Smti.Dulari expired on 05.04.1984 at GB Pant Hospital, Port Blair. The Deputy Commissioner issued the licence in respect of an alternative plot appertaining to plot No.8/p measuring 475 sq.mtrs situated at Sippighat Village F/G, Port Blair Tehsil Andaman in favour of the petitioner's mother Smt Dulari on 31st May, 1995. The petitioner time and again approached the authorities for issuance of record of rights and sketch map in respect of land bearing survey No. 8/P measuring an area 475 situated at Sippighat, Port Blair but till date the same had not been issued by the authorities. In this back drop this is the writ application before this court.
(3.) MR . Sanjay Singh, learned advocate appearing for the petitioner submits in the tune of the application and has contended that the petitioner submitted representations before the respondent authorities seeking issuance of record of rights and sketch map in respect of the land bearing survey No. 8/P measuring an area 475 sq.mtrs situated at Sippighat, Port Blair but in vain. In course of contention he took me to the record of right standing in the name of the petitioner's mother in connection with the land bearing survey No. 266/2, measuring an area 0.0474 hectares, situated at Sippighat Village under Port Blair Tehsil, South Andaman and the licence issued by the Deputy Commissioner, Port Blair, Andaman on 31.05.1995. He submitted that necessary direction may be given to the respondent authorities so that the relief sought for may be taken cognizance of by doing appropriate action.;